The Role of “Red Lines” in Safeguarding the Sea of Galilee

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    The Jerusalem Institute for Israel Studies

    The Center for Environmental Policy

    The Role of Red Lines in Safeguarding

    the Sea of Galilee (Lake Kinneret)

    Eran Feitelson, Tsafrir Gazit and Itay Fischhendler

    2005

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    The Center for Environmental Policy Studies Series no. 17

    The Role of Red Lines in Safeguarding the Sea of Galilee

    (Lake Kinneret)

    Eran Feitelson, Tsafrir Gazit and Itay Fischhendler

    The research was conducted in cooperation with the Society for the

    Protection of Nature and with funding from the Bracha Foundation.

    This publication was made possible through funding by the Charles H. Revson

    Foundation.The statements made and the views expressed are solely the

    responsibility of the authors.

    2005, The Jerusalem Institute for Israel Studies

    The Hay Elyachar House

    20 Radak St. 92186 Jerusalem

    http://www.jiis.org.il

    E-mail: [email protected]

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    iii

    Abstract

    Over the last two decades, Israel has seen a trend of over-pumping and decline in

    water quality, a phenomenon which is especially evident in Lake Kinneret (the

    Sea of Galilee). During the 1980s, the multiyear average of water levels in the

    Kinneret was approximately -212 meters, whereas in recent years, the multiyear

    average has dropped to -214 meters. External problems result in Israels water

    supply when the water level in the Kinneret drops below -213, such as difficulty

    in adapting the infrastructures to the water level, and changes in the ecologicalsystem and the state of the environment.

    The main tool used to protect the level of the Kinneret from dropping has been

    the concept of red lines, which mark the lowest water level administratively

    allowed to operate in the Kinneret. The red lines serve as a warning signal, and

    indicate a crisis situation that requires re-examination of the water pumping

    management system in Israel as a whole, and especially in the Kinneret basin. The

    red lines were first established in the late 1960s: the upper limit was fixed at

    -208.9 meters, and the lower at -212 meters. The Water Commissioner was

    responsible for enforcing these limits. The lower red line was originally placed at

    a relatively high level, but over the last six years it has been repeatedly lowered.

    As a result, the water level sank to an unprecedented new low in the summer of

    2001.

    The goals of this paper are:

    1) To examine the effectiveness of the lower red line in maintaining a high

    water level in the lake.

    2) To recommend possible institutional reforms in order to ensure high water

    levels in the Kinneret.

    The research focuses on the decision-making process in allocating water to the

    various sectors, particularly to the Kinneret itself, and the structure of the system

    of checks and balances that regulates water allocation. This mechanism of checks

    and balances consists of the stakeholders who participate in the decision-making

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    iv

    process (as opposed to those that do not participate), and the institutional tools

    that are available to these players in promoting or preventing cutbacks in water

    quotas for agriculture, or in the amount of water allocated to the reservoirs,

    especially the Kinneret.

    We found that the agricultural sector has many institutional tools for preventing

    cutbacks in the water supply for agriculture. These tools include: appeals to the

    Supreme Court, failure to publish the allocation key and failure to sign the records,

    enlisting the help of experts, and exerting pressure on the minister in charge of the

    Water Commissioner to object to the cutbacks. In addition, any reduction in the

    quota of water allocated for agriculture, or raise in the water prices, requires the

    consent of numerous bodies, including the Knesset Economics Committee, the

    Water Council, the Ministry of Agriculture, the Ministry of National Infrastructures,

    the Water Commissioner and the Ministry of Finance. In contrast, the professional

    echelon and the environmental and tourism sectors have few tools (especially

    informal tools) to prevent reductions in water quotas for the reservoirs, including

    the Kinneret.

    The fact that representatives of the agricultural sector have numerous

    institutional tools at their disposal, whereas other sectors involved in the allocation

    process (namely the representatives of the environmental and tourism sectors)

    have a much more limited range of institutional tools places severe constraints

    on the Water Commissioner when there is a need to decide on cutbacks. In other

    words, the system of checks is weak when it comes to changing the allocation of

    water to the reservoirs, and strong when it comes to the water prices and quotas

    for agriculture. Thus the aquifers, and the Kinneret, have been allowed to fall

    below the red line.

    Changing this existing institutional structure, which was found to encourage

    the lowering of the red lines, requires system-wide reform in the water economy.

    This reform will establish a new system of checks and balances for the water

    sector, based on the following principles:

    1. When the Kinneret reaches a level between the two red lines, the Water

    Commissioner will be given the autonomy to act as he sees fit. Restrictions

    will be placed on allocation and pricing of water, and the Commissioner will

    be able to act freely within the framework of these restrictions. Any decision

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    v

    to disregard the red line or exceed the limits (on pricing and allocation) will

    require the approval of a supervisory body.

    2. Any decision to exceed the permissible range of water prices or quotas for

    water allocations to the various sectors, or to circumvent the Kinneret red line,

    will be subject to the approval of the supervisory body.

    3. This supervisory body, which is meant to prevent the inequitable distribution

    of authority and power, will include professionals from the water sector and

    academia, representatives of the consumers and from the various regions, and

    other stakeholders in the water economy. The body must not be biased towards

    any of the parties represented therein.

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    vii

    Introduction

    Israel has a Mediterranean climate, which is characterized by fluctuations in the

    distribution and timing of rainfall (Amiran, 1994). In such conditions of

    hydrological uncertainty, reliable water supply depends on the existence of a large

    reservoir, and on a delivery system that brings the water from the various sources

    to the consumers.

    Israels water economy is based on three main reservoirs. The first of these is

    Lake Kinneret, which is Israels only natural aboveground reservoir (see Figure

    1). The average renewal rate of the Kinneret is approximately 560 million cubic

    meters (MCM) per year. The second reservoir consists of the aquifers: the Coastal

    Aquifer, the Mountain Aquifer, and local aquifers, which have an average renewal

    rate of about 400, 600 and 400 MCM/year, respectively, and which supply about

    400 million MCM/year. The third source is recycled greywater and future

    desalination. Israel currently recycles some 300 MCM of water each year. To date

    (i.e., prior to the age of desalination) Israels overall annual water potential is

    estimated at one billion cubic meters (Master Plan for Developing Israels Water

    Economy, 2002).

    The National Water Carrier, which was completed in 1964, combines the

    Mountain Aquifer, the Coastal Aquifer and the Kinneret into one integrative tri-

    basin system. This system conveys water from the available sources in the North,

    particularly from the Kinneret, to agricultural and urban consumers in the center

    of the country. This system also connects the various water sources, providing

    greater operational flexibility in times of crisis.

    The combination of a delivery system and a large operational reservoir creates

    an integrative mechanism for the supply and management of water, which can

    handle the distance (between producers and consumers), seasonal disparity

    (between winter rainfall and summer consumption) and multi-annual fluctuation(between rainy years and dry years).

    Water consumers fall into three major groups: domestic, agricultural and

    industrial (see Figure 1). In addition, Israel has certain commitments to the

    Palestinians and the Kingdom of Jordan. In 2003, the agricultural sector consumed

    about 53% of the overall water supply (Mekorot, 2004). This is compared with

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    viii

    1985, when 75.5% of Israels freshwater supply alone was consumed by this sector

    (Israel Statistical Yearbook).

    When Israels water supply system was planned, several basic laws were passed,

    including the Water Measurement Law (1955), the Water Drilling (Control) Law

    (1955), the Drainage and Flood Protection Law (1966), and the Water Law (1959).

    The last law decrees that all water resources in Israel are owned by the State, and

    sets down the legal foundation for a centralized system that regulates the production

    Figure 1: Water sources and consumers

    7

    8

    9

    10

    2

    3

    4

    1 5

    6

    Kinneret(abovegroundreservoir)

    Coastalaquifer

    Mountainaquifer

    Localaquifers

    Internationalagreements

    Domesticconsumption

    Agriculturalsector

    Industrial

    sector

    Desalination

    Recycledwater

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    ix

    and allocation of water sources. The law makes the Minister of Agriculture

    responsible for formulating the water production policy. However, in most of his

    areas of authority, the Minister is required to consult with the Water Council,

    including his authority to declare water rationing zones in times of crisis (Section

    37 of the Water Law). In 1997, the Minister of Agricultures responsibilities

    regarding water issues were transferred to the Minister of National Infrastructures,

    including supervision of the Water Commissioner.

    Responsibility for implementing the Water Law rests with a number of national

    institutions, the first and foremost of these being the Water Commissioner, whose

    role is to carry out the policy formulated by the Minister in charge. Other bodiesare responsible for planning and operating the water sector. TAHAL (Israel Water

    Planning Company) is in charge of planning, Mekorot handles water supply, and

    the Hydrological Service is authorized to determine the availability of water (see

    Figure 2).

    In the last two decades, the water supply to consumers has exceeded the renewal

    potential. Over-pumping of the reservoirs was especially evident in 1998-2000.

    During this period, the supply of fresh water for agriculture reached peak levels,

    reaching 918 MCM in 1998, in spite of several consecutive years of drought (Water

    Commission, 2004). Owing to this policy of over-pumping, the water deficit in

    the reservoirs was estimated in 2002 at two billion cubic meters (Report of the

    Parliamentary Committee of Inquiry on the Israeli Water Sector, 2002). Over-

    pumping caused salination of many of the coastal wells and deterioration of the

    water quality (Gevirzman 2002). Consequently, the Water Commission plans to

    expand the use of recycled water in agriculture, and thus reduce the consumption

    of fresh water. The scope of sewage recycling planned for 2010 is about 509 MCM

    (Water Commission, 2002). Desalination is meant to provide about 500 MCM in

    2010 (Master Plan for Developing Israels Water Sector, 2002).

    In 2001, the supply of fresh water to the agricultural sector started to drop due

    to the water deficit and to a change in the allocation policy. By 2003, the amountof fresh water consumed by this sector dropped to 562 million cubic meters

    (compared to an allocation of 918 million cubic meters in 1998), and the rest of

    the water used by this sector was recycled (Water Commission, 2004).

    Today, after two relatively rainy winters, the deficit in the water sector is

    estimated at about 1.6 MCM (Yarus, 2004).

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    x

    Figure2:StructureofIsra

    elswatersectorF

    rom:Ben-Zvi,GottesmanandDaliahu,1992

    State

    Comptroller

    Academia

    Courts

    The

    Knesset

    Statutory

    Committees

    Water

    Committee

    Water

    Court

    Water

    Council

    Water

    Commissioner

    Ministerof

    Agriculture

    The

    Government

    Planning

    C

    ommittee

    Ministerof

    Finance

    Ministerofthe

    Environment

    Other

    Ministers

    Ministryof

    Agriculture

    Ministryof

    Finance

    Agricultural

    Planning

    Authority

    Governmental

    research

    institutions

    Other

    D

    ivisions

    Mekorot

    Allocationand

    LicensingDivisionT

    AHAL T

    heHydrolo-

    gicalService

    Ownersofwells

    andprivateor

    regionalfacilities

    Private

    planners

    Industrial

    sector

    Agricultural

    sector

    Residents

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    xi

    Conclusion

    This paper examined the way in which the lower red line functions to maintain

    high water levels in the Kinneret, and has recommended possible institutional

    reforms that would help keep the Kinneret at a high level. The study focused on

    the decision-making process with regard to water allocations to the different sectors,

    and to the Kinneret in particular. Special attention was paid to the way in which

    the checks and balances are employed in planning Israels water economy, that is,

    the different bodies involved, those that are represented (and not represented) inthe water allocation process and their authority, and the effectiveness of the

    institutional tools used to promote and block allocation cutbacks.

    The hypothesis underlying this research was that the lack of checks and balances

    and their ineffectiveness in the allocation of water to Israels reservoirs, compared

    with the numerous checks and balances in the allocation of water to the agricultural

    sector, are the prime causes of the policy of lowering the red lines and over-pumping

    from reservoirs in general, and particularly from the Kinneret. During years of

    drought the Water Commissioner was unable to make drastic cuts in water

    allocations to agriculture, but cuts to the reservoirs were made easily and without

    public discussion, while constantly lowering the Kinneret red line.

    The research consisted of several stages: The first stage identified and examined

    incidents when the red line was lowered, and the decision-making process in each

    case. The second stage analyzed several cases when the level of the red line was

    maintained, despite the drought. The third compared and contrasted the different

    cases examined, as well as the decision-making process concerning cutbacks in

    allocations to the Kinneret and to the agricultural sector. The final stage proposed

    a series of institutional solutions to ensure that the level of the red line in the

    Kinneret remains high.

    It was found that a large number of bodies involved in the decision-making

    process have an interest in preventing cutbacks to the agricultural sector. These

    bodies have numerous tools they use effectively to prevent such cuts. These include

    appeals to the Supreme Court, failure to publish the allocation key and failure to

    sign the records, enlisting the help of experts, and exerting pressure on the minister

    in charge of the Water Commissioner to object to the policies set forth by the

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    xii

    Commissioner. On the other hand, the Water Commissioner has the option to

    institute emergency cutbacks and declare rationing zones. But the political price

    he would pay for employing such tools, and the association that has emerged

    during the years between the Water Commissioner and the agricultural sector means

    that such measures are rarely used. Furthermore, the agricultural sector can

    influence water allocations to reservoirs by influencing the recommendations made

    by the Water Council and the Water Level Committee. The fact that the tourism

    and environmental sectors are not part of the process of allocating water to the

    reservoirs means they do not possess the same ability the agricultural sector has to

    prevent cuts in agricultural allocations.

    This arrangement of over-representation and numerous institutional tools in

    the hands of agricultural representatives versus the under-representation of other

    bodies in the allocations process, severely limits the Water Commissioners freedom

    to decide where to make cuts. In other words, the system of checks is weak and

    uneven when it comes to allocating water to the reservoirs, and strong when it

    comes to the water prices and quotas for agriculture. This has led the Water

    Commissioner to lower the red line in the aquifers including the Kinneret, and

    on the other hand, this is also the reason he has avoided cutting allocations to

    agriculture at a scope of over 50% (relative to the basic allocation of 922 MCM).

    It would seem that changing the institutional structure that encourages the

    lowering of the red lines demands system-wide reform of Israels water economy,

    which would help introduce a new system of checks and balances.

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    Conclusions and Recommendations

    The recommendations based on this paper relate to the basic role and purpose of

    the red lines in the Kinneret, particularly the lowest red line, as part of Israels

    water system in general. On the other hand, the conclusions recommend a

    mechanism to strengthen the red line as an effective checking measure in Israels

    water economy, which reflects a variety of interests of all its consumers.

    1. The main factor leading to disregarding the lower red line in recent years is

    the existing institutional structure of Israels water economy. Cuts in water

    allocations for agriculture, or raising water usage rates, requires the agreement

    of a great many government ministries (Agriculture, National Infrastructures

    and Finance, and the Water Commissioner). Furthermore, the current

    institutional structure offers agriculture numerous tools to help them stop any

    expected cuts in water supplies, yet the decision to cut water quotas to reservoirs

    is the sole responsibility of the Water Commissioner. Such an institutional

    structure encourages the powers that be to avoid establishing and maintaining

    a higher red line, and the reform needed to introduce a system-oriented

    perspective into the decision-making process is lacking.

    2. The numerous tools available to the farmers (to prevent cutbacks in water

    quotas to agriculture) compared with a small number of tools to prevent

    lowering the red lines, stresses the importance of the red line against lowering

    the level of the Kinneret.

    3. The lower red line must serve as a barrier between the operating range

    (operating reservoir) of the water economy and the levels at which extensive

    external damage is caused in the tourism and environmental spheres. Reducing

    the level of the Kinneret below -213 meters causes external problems to the

    water economy, such as adapting infrastructures to the water levels, changes

    in ecological conditions and changes in the appearance of the landscape

    with all this implies.

    4. The ability to maintain the lower red line derives from the status of the water

    economy in general, and a system-oriented perspective. Therefore, the red

    line must be established in conjunction with the institutional structure of the

    entire water economy.

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    5. Lowering the red line over the past 15 years has been the result of a

    fragmentation of the decision-making process as far as water is concerned. In

    other words, a system of checks that is weak and uneven compared with a

    system that is strong and effective, especially the system responsible for water

    prices and quotas for agriculture, has led to our ignoring the red line as an

    effective checking mechanism.

    6. The introduction of desalination systems opens new opportunities by enhancing

    the operational flexibility of the water economy and improves our ability to

    safeguard the red lines in the Kinneret and the aquifers.

    7. We must support the red lines as an institutional system through institutional

    reform. The purpose of such reform is to create a system of checks and balances

    for the water economy by separating the Commissioners autonomy in his

    ongoing management of the water economy, and the decisions that must be

    approved by a supervisory body representing different interests.

    8. The Water Commissioner will be free to act as he sees fit, so long as the water

    level in the Kinneret remains within a defined range between the red lines.

    Similarly, ranges should be defined for pricing and allocations, regarding which

    the Water Commissioner will also be autonomous. Any decision to disregard

    the red line or exceed the restrictions (on pricing and allocation) will requirethe approval of a supervisory body.

    9. In order to avoid concentrating too much power and influence with a single

    person, there must be a supervisory oversight body with authority to act. This

    body will include professionals from the water sector and academia (from

    numerous disciplines), regional representatives, and representatives of

    consumers and other stakeholders in the water economy. This body must not

    be biased towards any of the parties represented therein.

    10. The supervisory body will be authorized to establish basic allocations and

    water prices for different consumers. The body will also set the lower red line.Any deviation from the red line will require, as stated previously, approval

    from the supervisory body. As part of his activities defined by the supervisory

    body, the Water Commissioner will have autonomy to manage Israels water

    economy, in accordance with his professional orientation.

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    In conclusion, this paper states that it is essential to continue maintaining the red

    line; going below the current line (-213 meters) will cause extensive external

    damage. Therefore, the decision-making process to lower the red line must include

    those who would potentially be harmed as a result of such action, and give them

    additional institutional tools in order to alert us to the consequences of lowering

    water levels. The authority to approve such deviations must be given to a

    supervisory body that will represent the full range of interests and opinions. In

    other words, in order to promote effective use of the red lines as a control

    mechanism the entire water economy must undergo institutional reform.